Revolutionary War Pension and Bounty Land Warrant Application File W. 15895, Eliphalet Emery, N.H.

SERVICE
NUMBER
N 26
Emery, Eliphalet Lois
N 15895
CONTENTS

14895 New York
Eliphalet Omeny of Spencer , in the State of New who was a Priv. — in the Camp commanded by Captain Salmon of the Reg. commanded by Col. Pott — in the N. H. Camp due for 12 months
Inscribed on the Roll of New the rate of 43 Dollars 23 Cents per annum. commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of July 1833 and due the Woodcock & Fitch Macon
Arrears to the 4th of Mar: '23  $86.66 Sem-ant. allowance ending 4 Sep '33  21.66 $108.32
Recorded by G. H. Stiles { Revolutionary Claim, } Book E. Vol. 3. Page 18 { Acts June 7, 1832. } Clerk

Ref. see letter
to Genl. Joy Nov. 3. 1846.
to same Nov 23. 46
.. J. Britton in Nov 9/50 1887 Jany 4. J. S. Hopkins with history prior
payable to Juda Starns, Mary Ferron, Roses Emery, Anna Emery, Hannah Emery, Ellen Emery, Joseph Emery and offa Gilbert, children of Lois Emery. decd.
New York. 8839
Lois Emery. decd.
widow of Eliphalet Emery
N. 86.
who was a pensioner under the Act of 1832 and who died on the 12 th April 1835 of Tompkins Co. in the State of N. York who was a Private in the company commanded by Captain Giliam of the regt. commanded by Col. Poor in the N. Hampshire line for which she died 10 th December 1842.
Inscribed on the Roll of Albany at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1836. 5 years
Certificate of Pension issued the 14 th day of November 1844 and sent to Genl. Joy Ovid, N. York
Total amount, $133.38
[Act July 7, 1838.]
Recorded by D. Brown, Clerk, Book D. Vol. 1. Page 155.

6916. In the Matter of Elizabeth Emery
20 mds 12 mds
13 mds
$43.33.

Declaration in order to obtain the benefit of the act of Congress, passed June 7th, 1832.
STATE OF NEW YORK, Tioga COUNTY, ss.
On this fourth day of September personally appeared in open court before the Judges of the Court of Common Pleas now sitting, Eliphalet Emery a resident of the town of Spencer in the county of Tioga and state of New York, aged eighty three years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress, passed June 7th, 1832. That he entered the service of the United States, under the following named officers and served as herein stated.
That at the time of entering the service he resided at Stratham  Rockingham County State of New Hampshire - Hampshire  Rockingham Some time in fall the year he does not recollect, but it was the first year of the war, he enlisted under Capt Gilman Col Forbes regiment of militia for eight months - that he marched with his company to Winter Hill near Boston & there joined his regiment - the regiment was stationed at Winter Hill & that deponent remained there about the eight months at that place - that the Battle of Bunker Hill was fought the day before this deponent arrived at Winter Hill - that deponent was in some skirmishes, but not any general battles - General Sullivan commanded - that he was dismissed without a written discharge at the end of the 8 months, some time in the winter but in what month he has no distinct recollection nor can he name the year - after his dismissal he returned home - He was acquainted with Genl Stark , during this service - also Capt Saml Richards of another regiment
In the Spring following but in what month or year he cannot state he enlisted at Hampstead  for five months  agreed  under Capt Johnson , in Col Strickland regiment of militia - that he marched with his regiment to Niagara  Four  on Connecticut - halted there for a fortnight - marched from there to Ticonderoga & there lay encamped during the rest of the time - The British were expected from Canada & they had some alarms but no battles - the regiment which deponent was in marched for the purpose of marching into Canada, but they met some of the Continental forces at Ticonderoga & did not go any further - Genl Gates was in command at Ticonderoga . This deponent was dismissed at the end of the five months & returned & was not out again during the war - He cannot now recollect the month & year when he was dismissed, but he is positive it was the second year of the war

And this deponent further says that he has no documentary evidence, & that he knows of no person whose testimony he can procure who can testify to his service
[Large decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
[Decorative flourish]
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declare that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed, the day and year aforesaid.
Green M. Tuttle Clk
Eliphalet Conway

The following questions were propounded by the Court to the applicant.
1. Where and in what year were you born?
Answer. In Randolph County of Roanoke State of Virginia on the 10th day of Sept instant
2. Have you any record of your age, and if so where is it?
Answer. No record of his age was told by his parents
3. Where were you living when called into service; where have you lived since the Revolutionary war; and where do you now live?
Answer.
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute; and if a substitute, for whom?
Answer. First enlistment, at my home in Randolph County, State of Virginia, went from Roanoke into Union Army for three years time in
5. State the names of some of the regular officers who were with the troops when you served; such continental and militia regiments as you can recollect, and the general circumstances of your service.
Answer.
Besides the officers stated in my application I knew General Sullivan, Col. Starks and Capt. Richards
6. Did you ever receive a discharge from the service, and if so by whom was it given, and what has become of it?
Answer. I never knew a discharge was formed in time & dismissed
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution.
Answer. Judge Benjamin Harris Judge Henry Miller Genl George Fisher & Moses Stevens
WE, Asa Cummins  Elizur residing in the town of Spencer and county of Tioga and State of New York, and Israel Hardy residing in the same place, hereby certify that we are well acquainted with Elephat Emery who has subscribed and sworn to the above declaration, and that we believe him to be Eighty years of age, that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed, the 14th day of September 1832 Green M. Tuttle Clk
Asa Cummins Israel Hardy
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrogations prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states, and the Court further certifies that it appears to them that Elephat Emery who has signed the preceding certificate is a legitimate resident in the town of Spencer and county of Tioga and are creditable persons, and that their statements are entitled to credit.
Attest our First Judg
I Green M. Tuttle Clerk of the Court of Common Pleas for the County of Tioga do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elephat Emery for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this 14th day of September 1832
Green M. Tuttle

To James S. Edwards Esq Commissioner of Pensions
The subscriber a resident of the Town of Danby in the County of Tompkins and State of New York respectfully declares and represents:
That he is one of the children of Eliphaz Emery who was a soldier in the Revolution; that he departed this life on the 12 th day of April 1834; that under the Act of 7 th June 1832 he received a Pension of $43.33 per annum up to the time of his death; that at his death he left him, surviving a Widow whose name was Lois Emery and he left him surviving also the following children to wit: Jida Starnes; Mary Ferrand, Moses Emery; Anna Emery; Hannah Emery; Eln Emery; Joseph Emery and Sophia Gilbert; that the said Lois Emery died on the 10 th day of December 1842 leaving her surviving as the fruits of her marriage with the said Eliphaz Emery the children as aforesaid; that under the act of Congress of the 7 th July 1838 the above named children received a pension of $26.66 per annum from the 4 th of March 1836 to the 4 th of March 1841 under a pension Certificate of which the following is a true copy:
"War Department Revolutionary claim.
I certify that in conformity with the law of the United States of the 7 th July 1838 Lois Emery deceased late of New York Widow of Eliphaz Emery who was a private in the Revolution was entitled to a Pension at the rate of twenty six dollars and sixty six Cents per annum and having died on the 10 th day of December 1842 the Amount due from the 4 th of March 1836 to the 4 th of March 1841 is payable to Jida Starnes Mary Ferrand, Moses Emery, Anna Emery, Hannah Emery, Joseph Emery and Sophia Gilbert children of the said Lois Emery deceased. Given at the War office of the United States the 14 th day of December one thousand Eight hundred and forty four
Examined & countersigned J. S. Edwards Commissioner of Pensions Wm. Milburn Secretary of War

that since the death of the said Louis Emery the said Moses Emery and Hannah Emery have both died and that the said Judah Starnes, Mary Ferran, Anna Emery, Ellen Emery, Joseph Emery and Sophia Gilbert are the only surviving children of the said Elephat Emery and Louis Emery deceased
And that he now in behalf of the said Judah Starnes, Mary Ferran, Moses Emery, Ellen Emery, Joseph Emery and Sophia Gilbert the surviving children of the said Elephat Emery and Louis Emery deceased, makes application for all arrears of pay due them under the said act of July 7. 1838 as well as under the act of March 3. 1843 and 17 June 1844 and joint resolution of Congress passed July 1. 1848.
Witness
Ellen Emery
James Tripp J.P.
Benjamin Elliott
State of New York
Tompkins County ss: On this thirtieth day of March 1850 before the subscriber a justice of the peace in & for the county aforesaid duly authorized by law to administer oaths personally appeared Ellen Emery above named and made oath that the facts set forth in the above declaration are true & correct - and I further certify that the said Ellen Emery is personally known to me that he is a person of good moral character and that his statements are entitled to full credit and belief
James Tripp justice of the peace
State of New York
Tompkins County clerk's office ss: I Horace Macke Clerk of said county and Clerk of the county courts held in and for said county do hereby certify that James Tripp before whom the foregoing declaration was offered and who is the person whose name is subscribed thereto as a witness and to the certificate thereunder written was at the date thereof a justice of the peace in & for said county duly authorized by law to administer oaths and elected qualified and sworn as such And further that I am well acquainted with the handwriting and signature of said Justice and verily believe his signatures as such witness and to the said certificate are genuine - In testimony whereof I have hereunto set my hand & affixed the seal of said county this 23 d day of April A.D. 1850.
H Macke County Clerk

6013
Loit Emeryd?
N.Y.
act 4 July 36
Rejected.
Col. Emery packing in morning...

Declaration
In order to obtain the benefit of the third section of the act of Congress of the 4 th July 1836
State of New York
County of Tompkins, ss On this 22 nd day of December 1843, personally appeared before the Court holden at Ithaca in and for said county in open Court Elen Emery a resident of Danby in said county aged fifty one years who being first duly sworn according to law, doth on his oath, make the following declaration in order to obtain the benefit of the provision made by the act of Congress, passed July 4 th 1836, That this deponent is a son of the late widow of Eliphalet Emery, vis. Lois Emery, late of Spencer in the County of Tioga & near the line of Tompkins County in said State, whose husband was a pensioner of the United States at the rate of forty three dollars and thirty three cents per Annum, and who died on the 12 th day of April eighteen hundred and thirty five, leaving the above named Lois Emery him surviving, as his widow, to whom he was married in the year of our Lord Seventeen hundred and Seventy Seven in Belfast, or Penobscot in the now state of Maine, that after the death of the aforesaid Eliphalet Emery, late a soldier in the war of the Revolution & a pensioner of the United States, his aforesaid widow Lois Emery remained his widow never having married after her said husband's death, till her death, which took place on the 10 th day of December eighteen hundred & forty two, that the aforesaid applicant Elen Emery as one of the children of the late widow Lois Emery, and in behalf of all of the surviving children of the aforesaid late widow Lois Emery, makes this Declaration in order to obtain the benefit of the provision made by the act of Congress, passed July 4, 1836, and to obtain the pension due to his aforesaid mother, widow Lois Emery at her decease on the 10 th day of December 1842 as above stated, for the mutual benefit, & in behalf of all of her surviving children subscribed & sworn before the court, in open court at the day and date last above written. Elen Emery
J. D. Burtis President
Judge of Tompkins County Court in the State of New York
The court certify, that the above named Elen Emery is a respectable person, that evidence appeared before the Court to the satisfaction of the court, that Eliphalet Emery above named was a pensioner of the United States at the rate of forty three dollars & thirty three cents per Annum, and that he died on the 9 th day of April 1835 leaving a widow, to wit, the above named Lois Emery him surviving, who also died on the 10 th day of December 1842, leaving at her decease the following named children being her only children her surviving, to wit, Judda, who is widow Judda Hanks of Spencer in the county of Tioga & State of New York, Mary who is now widow Mary Ferrin of Riga Genesee or Mourne Co. N.Y. Moses Emery of Spencer in the County of Tioga & State of New York, Anna and Hannah Emery of Boston in the State of Massachusetts Elen Emery of Danby in the County of Tompkins & State of

New York, Joseph Emery of Albany  Spencer in the County of Tioga  Tioga  State of New York & Soffa, who is now the widow Soffa Gilbert of Allegany County New York; that the aforesaid named children are the only children of the said before named widow Lois Emery, the late widow of Eliphaleth Emery late a pensioner of the United States, her surviving, and that each of them is of the age of twenty one years and upwards; the proof which was satisfactory to the court is herewith, viz, the deposition of Moses Emery & Joseph Emery, and Isaac Wells and Roger Ware, all respectable persons as so set forth —
H. D. Bartow President Judge of Tompkins County Courts in the State of New York
State of New York 3 County of Tompkins 3/4 Personally appeared before the Subscriber a Judge of the Court, in and for said County Joseph Emery of Albany  Spencer in the County of Tioga aged forty nine years, after being duly sworn according to law, deponeth and saith, that Eliphaleth Emery, late a pensioner of the United States was this deponent's father and that Lois Emery, the late widow of the aforesaid Eliphaleth Emery was this deponent's mother, and that the attached family record is the original old family record of this deponent's aforesaid father and mother's children, that it is the same record that was kept by his aforesaid father and mother from the earliest recollection of this deponent, that this deponent's aforesaid father Eliphaleth Emery, was a pensioner of the United States at the rate of Forty three dollars & thirty three cents per annum, that the attached pension certificate is the identical certificate that was granted to and held by this deponent's aforesaid father, and that this deponent's aforesaid father died on the 12 th day of April 1835. eighteen hundred and thirty five, leaving as his widow the aforesaid Lois Emery, and that this deponent's mother the aforesaid Lois Emery remained a widow from the day of the death of this deponent's aforesaid father, to the day of her death, and that she died on the 10 th day of December 1842 eighteen hundred and forty two, leaving at her death the following named children, being her only children her surviving (to wit) Juda who is widow Juda Stamps of Spencer in the County of Tioga & State of New York; Mary who is widow Mary Ferrer of Riga in the County of Monroe or Genesee in the State of New York; Moses Emery of Spencer in Tioga County State of New York; Anna and Hannah Emery of Boston in the State of Massachusetts; Ellen Emery of Albany  Spencer in the County of Tompkins and State of New York; Joseph Emery of Albany  Spencer in the County of Tompkins  Tioga State of New York and Soffa who is the widow Soffa Gilbert of Allegany County New York that the aforesaid children named, are the only children of the aforesaid widow Lois Emery, this deponent's mother and the late widow of this deponent's father the aforesaid Eliphaleth Emery, late a pensioner of the United States, as aforesaid and that each of them is of the age of twenty one years and upwards.
Subscribed and sworn before me this 22 day of December 1843
Joseph Emery
H. D. Bartow President Judge of Tompkins County Courts in the State of New York

I certify that Joseph Emery, who executed the foregoing deposition, on the preceding half sheet is a respectable person -
H. D. Burt of Tompkins County Court and Vice State of New York
State of New York Tompkins County
Clerk's office I Norman Britton the Deputy Clerk of said County do hereby certify that Hugh D. Burt Esq. before whom the preceding declaration was read & acknowledged & before whom the affidavit of Emery was taken true at the date of the same was President Judge of Tompkins County Court duly qualified to act as such and further that I am well acquainted with his hand writing & truly believe his signature to the said declaration affidavit & certificate attached are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas of said County at Ithaca this 22 d day of December A D 1843
N. Britton Deputy Clerk

State of New York County of Tompkins 3/4 Personally appeared before the subscriber a Justice of the peace in and for said County Moses Emery of Spencer, Tioga County, New York, aged fifty eight, nearly fifty nine years, after being duly sworn according to law, deposeth and saith that Eliphaleth Emery late a pensioner of the United States was this deponent's father and that Lois Emery the late widow of the aforesaid Eliphaleth Emery was this deponent's mother; that this deponent is the fourth child of his aforesaid father and mother; and that the attached family record is the original old family record of this deponent's aforesaid father and mother's children; that it is the same record that was kept by his aforesaid father and mother from the earliest recollection of this deponent; that this deponent's aforesaid father Elip- haleth Emery was a pensioner of the United States at the rate of forty three dollars & thirty three cents per annum; that the attached pension certif- icate is the identical certificate that was granted to and held by this deponent's aforesaid father; and that this deponent's aforesaid father died on the 12th day of April 1835, eighteen hundred and thirty five, leaving as his widow the aforesaid Lois Emery; and that this deponent's mother the aforesaid Lois Emery remained a widow from the day of the death of this deponent's aforesaid father to the day of her death; and that she died on the 10th day of December 1842 eighteen hundred & forty two, leaving at her death the following named children, being her only children her surviving (to wit) Inda, who is Widow Inda Stearns of Spencer in the County of Tioga and State of New York; Mary who is Widow Mary Hemen of Riga in the County of Monroe or Seneca in the State of New York; Moses Emery of Spencer in Tioga County State of New York; Anna and Hannah Emery of Boston in the State of Massachusetts; Ellen Emery of Danby in the County of Tompkins and State of New York; Joseph Emery of Spencer in the County of Tioga State New York and Soffa, who is the widow Soffa Emery of Allegany County New York; that the aforesaid children named, are the only children of the aforesaid widow Lois Emery this deponent's mother and the late widow of this de- ponent's father the aforesaid Eliphaleth Emery late a pensioner of the United States as aforesaid and that each of them is of the age of twenty one years and upwards. Subscribed and sworn before me 3 Moses Emery this 15 day of December 1843 Charles C Howell Justice of the Peace
I certify that the above named Moses Emery is a respectable person and that full credit is due to him in his deposition above.
Charles C Howell Justice of the Peace
State of New York County of Tompkins 3/4 Personally appeared before the subscriber a Justice of the peace in and for said County Isaac Wells of Spencer in the County of Tioga and State of New York aged seventy seven years, after being duly sworn according to law, deposeth and saith that he has from sixty to seventy years, been personally acquainted with Eliphaleth Emery late a soldier in the war of the Revolution and a pensioner of

the United States, and also with his late widow Lois Emery; that this deponent was personally acquainted with the aforesaid parties as husband and wife and of their living together as husband and wife during the early part of the war of the Revolution and as early as 1778; that this deponent well recollects of the aforesaid parties having children as the legal fruit of their marriage, during the war of the Revolution, that the aforesaid Eliphalet Emery late a soldier in the war of the Revolution and a pensioner of the United States died on the 12th day of April 1835 leaving as his widow Lois Emery who remained his widow till her death and that she died on the 10th day of December 1842 eighteen hundred and forty two, leaving at her death the following named children, being her only children her surviving, to wit, Suda who is widow Suda Stearns of Spencer in the County of Tioga and State of New York; Mary who is widow Mary Ferrer of Riga in the County of Monroe in Genesee in the State of New York; Moses Emery of Spencer in Tioga County, State of New York; Anna and Hannah Emery of Boston in the State of Massachusetts; Ellen Emery of Albany in the County of Tompkins and State of New York; Joseph Emery of Spencer in the County of Tompkins Tioga and State of New York, and Soffa who is the widow Soffa Gilbert of Allegany County, New York; that the aforesaid named children are the only children of the aforesaid widow Lois Emery the late widow of Eliphalet Emery, late a pensioner of the United States, her surviving; and that each of them is of the age of twenty one years and upwards - Subscribed and sworn before me this 15th day of December 1843 Isaac Wells Charles C Howell Justice of the Peace
I certify that the within and above named Isaac Wells is a respectable person - Charles C Howell Justice of the Peace
State of New York County of Tompkins 38 Personally appeared before the Subscribers a Justice of the peace in and for said County Jacob Rose of Spencer in Tioga County, New York aged Seventy three years, after being duly sworn according to law, deposeth and saith; that he has for sixty to seventy years been personally acquainted with Eliphalet Emery late a soldier in the war of the Revolution, and a pensioner of the United States, and also with his late widow Lois Emery; that this deponent was personally acquainted with the aforesaid parties as husband and wife and of their living together as husband and wife during the early part of the war of the Revolution and as early as 1778; that this deponent well recollects of the aforesaid parties having children as the legal fruit of their marriage during the war of the Revolution; that the aforesaid Eliphalet Emery late a soldier in the war of the Revolution and a pensioner of the United States died on the 12th day of April 1835 leaving as his widow Lois Emery who remained his widow till her death and that she died on the 10th day of December 1842 eighteen hundred and forty two, leaving at her death the following named

Children being her only children her surviving, to wit, Sada who is Widow Sada Stearns of Ithaca in the County of Tioga and State of New York; Mary who is Widow Mary Herren of Riga in the County of Monroe or Genesee in the State of New York; Moses Emery of Ithaca in Tioga County State of New York; Anna and Hannah Emery of Boston in the State of Massachusetts; Ellen Emery of Ithaca in the County of Tompkins and State of New York; Joseph Emery of Ithaca in the County of Tompkins State of New York; and Soffa who is the Widow Soffa Gilbert of Allegany County New York; that the aforesaid named children are the only children of the aforesaid Widow Lois Emery the late widow of Elisha Emery late a pensioner of the United States, her surviving; and that each of them is of the age of twenty one years and upward, -
Subscribed and sworn before me this 15 th day of December 1843 Jacob Rose Charles C Howell J.P. Justice of the Peace
I certify that Jacob Rose , who executed the foregoing deposition is a respectable person - and entitled to full credit in his deposition.
Charles C Howell J.P. Justice of the Peace
State of New York
Tompkins County Clerk's office J. M. Britten den Deputy Clerk of said County do hereby certify that Charles C. Howell Esq. before whom the three preceding affidavits purport to have been made was at the time of taking the same a Justice of the Peace in for said County commissioned & sworn & duly qualified to act as such and further that I am well acquainted with his hand writing & truly believe his signature to the three several affidavits & the certificate attached thereto is genuine
In testimony whereof I have hereunto set my hand & seal of office at Ithaca this 22 nd day of Dec. 1843.
J. M. Britten den Deputy Clerk

Juda Emery born born January the 3-1779
Mary Emery born January the 2 1781
Elize Emery born December the 30 1783
Mosef Emery born february the 8 1785
Hanne Emery born february the 7 1788
Hannah Emery born June the 6 1790

Elea Emery born June the 12 1792
Joseph Emery born the November 12 1794
Joffe Emery born December the 15 1796

6916
Eliphalet Emery
not on rolls
16
proof required
N. Hampshire
Rolls - 192
H Set 19 Dec 1854.
Woodcock & Ferris
Ithaca
New York
Adm d

6916  BRIEF in the case of  Eliphalet Emery, — Spencer,  Co. of Tioga — in the State of New York. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 83 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     "first of June in the first year of the War" — 8 — private Gen. Sullivan, Capt. Gilmer, Col. Poor.   "Spring following" — 5 — Capt. Johnson, Col. Wigglesworth, Genl. Gates  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Plaislow, Rockingham Co., N.H. New Hampshire.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary.  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. Fawcett Examining Clerk.

Rev. WIDOW, &c.
File No. 15895
Louis Conury Widow of Elphalot Conury Prv. Rev. War
Act July 7 th 1838
Index: Vol. a , Page 217
[Arrangement of 1870.]

Wid of Eliphalet Emery Pension of N.Y.
Law of '38
at p 26
an do case of mine from
Abad Joy

No 11438 Lori Emery died Mam of Eliphalet NY
Act 7 July 1838
Adm o 8 Mo. per m o $21. 44 pr ann
payable to. Judah Stern Mary Ferrin Morris Emery, Anna Emery, Hannah Emery, Ellen Emery, Joseph Emery & Soffa Gilbert. Only sum children
And Joy Esq Oni NY.

V 6013 Lois Emery Dec. N.Y.
Ltr. to Hon. A. Dana Mar. 20. '44 " to R. A. Hylton Sept. 21. 1844 " Acad. Sci. Feb. 1. '44 " Do 23 d Oct. '44. —
Replied

75128 Payments to be made at New York by Pres: U.S. Br: M: Agent for paying Pension- ers, in the Agency of
New York
Recorded in the Pension Of- fice, in Book E. Vol. 3, Page 10 by G. C. Stiles, Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Eliphalet Emery of the State of New York who was a Private in the Revolutionary Army is entitled to receive Forty Three dollars and Thirty Three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 25 day of July one thousand eight hundred and thirty- three
John B. B. Secretary of War.
Examined and } Countersigned. }
J. Edward
Commissioner of Pensions.

State of New York.
Tompkins County ss. Personally appeared before me a justice of the peace of the said County of Tompkins Isaac Wells who being by me duly sworn deposes & says that he is sixty four years of age - that he was well acquainted with Eliphalet Emery who he in the town of Chester County of Rockingham & State of New Hampshire during the Revolutionary war, who now resides in the town of Spencer County of Troya & State of New York, to whom he understands & believes has made an application for a pension - that he recollects an expedition was fitted out in the spring of the year, to march to Canada, but he cannot recall the year - that his deponent's brother Thomas Wells was a soldier in that expedition - that the said Eliphalet Emery was also a soldier in the same expedition & marched with the rest of the Army when they started - that said Emery was gone about six months & this deponent has no doubt but that he served at Ticonderoga as he states in his declaration - that this deponent's brother was taken sick during the said expedition & left at Castleton, & he very well recollects that the family of this deponent made inquiries of the said Emery in reference to his said brother - that his present recollection is that Col. Wigginworth commanded the regiment, but his memory is not distinct as to the names of the officers - that he thinks the expedition was fitted out the next year after the battle of Bunker Hill
Subscribed & sworn before me this 6 th day of April 1833 Isaac C. Hance Justice of the Peace
§3
Isaac Wells
and I hereby certify that the said Isaac Wells is a person of Credibility whose testimony is entitled to belief.
Isaac C. Hance Justice of the Peace

State of New York Dorchester County ss: I Samuel Son Clerk of said County do hereby certify that David C. Hardy Esq. whose name appears above & before when the above affidavit was taken was when the same bears date a justice of the peace in & for said County duly qualified - that I am acquainted with his handwriting & truly believe the signature of "David C Hardy" above subscribed are genuine
Witness my hand & seal of office this 22 d day of April 1833
Sam. Son Clerk.
Matter of Eliphalet Emery
aff.

Danby Oct 10 th 1843
Sir I received your letter which was dated Oct 2 which you stated that there was some mistake Eliphalet Emery died Apr 1 1835 they was ten children in the family. Lady Emery aged 64 years 2d day of last January married Daniles Starns
Mary Emery aged 62 years
Moses Emery 58 resides in Spencer Brier Co
Nancy Emery 56
Hannah Emery 53
Allin Emery 51 resides in Danby, Pompeius Co
John Joseph Emery 49 resides in Spencer Brier Co
Sophia Emery 48 resides in Albany Co N.Y.
Married Gilbert
Betsy and David died young
Mary
Nancy
Hannah they have not heard of them for thirty years
They resided in or near Boston at that time
Isaac Wells has been acquainted with them for more than 60 years he has been acquainted with them before marriage and ever since he knows that Emery was in the army after marriage
I have this day seen Elizer Grover he says he was left at Castleton with the rest of the guard under Capt Hall
never heard of Emery
Mr. Sinley
I have a case similar to Emery's of John Sinley who served a greater part through the Revolutionary War he died last summer and the children do not know what officers he was with only Sullivan
I have wrote to Belfast & Pownal to ascertain when Mr and Mrs Emery was married
when you get these papers read out I would like to have you send them to Danby
The Grover and Warden and Emery case is mine and when you want any proof or information send to me
Respectfully yours Benjamin Elliott

Elephal Emery resided in New Hampshire before & during the war, at Goffstown Hillsborough 6 th first went into the Service from there went to Bunker Hill, Served 9 months -
Was Published at Belfast Maine & married at Pendergast in 1777 - then went into the Service again Served as much as 9 months more Mr Elliott, says he returned to New Hampshire in the Summer of 1779 & went into the Service from there, & all his Service may be from New Hampshire
Juda, who is widow Juda Starnes of Spencer 64
Mary who is the wife of Thomas Starnes of Riga, Genesee.
Eliza - dead
* Moses Emery of Spencer
Anny who is the wife of a man in Boston & has not been heard of in 25 years
Hannah Emery of Boston
* Elen Emery of Danby - he to apply
* Joseph Emery Danby for a witness
Joffe who is the wife of widow of Warren Gilbert
Isaac Wells of Spencer, } both of know all the Roger Vose of do } family for 60 to 65 years
The family record came out of an old pocket book & is in the hand writing of old Mr Emery -

To Hon. J. S. Edwards
Commissioner of Pensions
Sir-
We the surviving children of Widow Lois Emery widow of Shipbale Emery late a pensioner of the United States who made application for a pension under the law of 1836, beg leave respectfully to withdraw all claim to a pension under the law of 1836 and assert our claim in the name of the said Widow Lois Emery, under the law of July 7 th 1838. Spencer
Dated this 14 th May 1844, Moses Emery Spencer Witnep our Hands this Spencer Ellen Emery of Danby 14 th days May 1844 Joseph Emery Spencer Benjamin Elliott. Witnep

Benj n Elliott
Dec Dec 5 th , 43
Danbury NY Dec 5 th
10
Adad Joy Esq Civil Service Co New York

Danby Dec 4 th - 1843
Sir Anne and Hannah Emery resides in Boston and is not married Judy married Daniel Starnes and is a widow resides in Spencer Mary married Thomas Starnes Ferman resides in Ligea Genesee Co and is a widow
Sophy Married Warren Guilbert resides in Fair Allegany Co and is a widow their husbands are all dead / Ellen Emery to apply Moses Emery for a witness please to make out the paper and send them to me, box sets the 2 nd Monday of Dec Dec I wish you would copy the names of the children and the date of the birth that is on that leaf
Benjamin Elliott
In the above letter, the name of Joseph Emery, seems to be left out

Mr. Eliphaleth Emery Died a pension of $1848.33 enclosed is his Certificate he died Apr. 9, 1835 in Spencer Trigo Co. aged 88 y 6 month Leaving his Widow Lois Emery aged 96 y 10 mo at day old when she died in Dec 10 th 1842, name before Maryn Lois Dow. Was Married in Belfast or Penobscot in the state of Maine in 1775 they think that it was that year. she had 10 children in all. First child Dudley Emery married Daniel Starnes Reside in Spencer Trigo Co aged 66. Living. 2 child Emery Emery married don't know where she is dead aged if living 64 y 3 child dead. 4 more aged 8-8 lives in Spencer. 5 Nancy Emery. Don't know where she is if living 56 y 6 Hannah " " " " 5-3 7 Allen Emery aged 51 Reside in Danby 8 Joseph Emery " 49 " " Spencer. 9 Sophia " 47 " " Allegan Co. 7 Married a man by the name of Gilbert. a man by the name of Isaac Wells Reside in Spencer. Has known them both from the first of his recollection that is before before Married it after. till they both died aged 77 years. His Wife also has known them both for over 50 or more. Mr. Elliott will find 2 more persons that has known them for over 50 years. He wants the papers made out so Allen Emery can be the Executor. and he wants him to have all the business for him to act for the other children. Mr. Wells also say that he know them during the war. and that he went in the army after the marriage They have a Record of the Birth 

I wish as soon as you make out the Papers for the Case of Mr. Gortlin in Brum Co you would send the to me, and as soon as you can make out the Papers for Mr. Emery again would send them to Mr. Benjamin Elliott Danby. The Witness will all be seen as soon as you send the Papers.
Yours Sincerely J. M. Dings
Mr. Isaac Day
Quincy
Danby
Hein
Emery
Miss General Lee
Wrote you for a further history of the children who have been with the lady at Octob. 43

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States, of the 7 th July 1838, Lois Emery, dec d . late of New York, widow of Eliphalet Emery, who was a Private in the Revolution, was entitled to a pension at the rate of $26:66 per annum; and having died on the 10 th December 1842, the amount due is payable to Judah Sterns, Mary Ferron, Moses Emery, Anna Emery, Hannah Emery, Elen Emery, Joseph Emery, and Soffa Gilbert, children of Lois Emery. dec d .
Given at the War Office of the United States, this 14 th _____ day of November one thousand eight hundred and forty- four five.
Secretary of War.
Examined and } Countersigned. }
Commissioner of Pensions.

Ovid N.Y. Nov 12. '46
Sir
The explanation which you require in the Lois Emory case, in yours of the 3 rd you will find enclosed -
J.W. Quigg's letter, of Oct 3. 1843 mentions Nancy & Hannah Emory, without giving their place of residence, & not having heard of their death, they were called then living, you will notice, on the back of the letter, I noted under same date, that I wrote to him for further information as to the children, being desirous of having it correct the memorandum was made at the time of the date it bears (So help me God) -
Oct 10 th 1843 you will notice the letter of Benjamin Elliott, this letter was drawn out, in consequence of my letter of the 3 rd Oct addressed to Quigg, as Mr Elliott managed the case in Danby for the children, you see from his letter, that Hannah & probably he included Nancy, as he says they - had not been heard of in 30 years, but still as they had not heard of their deaths, they were called living, all of the remarks in my hand upon the back of Elliott's letter, were written immediately on the rec d of that letter & as I then understood it

not being fully satisfied with the letter of B. Elliott of Oct 10. '43 I write again to draw out his letter of Dec 4. 1843 in which he leaves out the name of one child, but on taking all the letters together, I made out the case as I then believed to be correct & as they all con- sidered correct; I think at the present time, I should have more fully investi- gated as to the 2 children in or near Boston, whether they were living or dead, I have endeavoured to find them, but so far have failed; I do not say at this time that I know that they are dead, but I know, I have not been able to get a line from them, or hear a word from them -
I therefore now ask what is to be done, have we a right to suppose them to be dead, or must the pension be lost if they cannot be found, I wish nothing but the usual practice in such cases; nothing is taken from the Government, except the just due to the children -
Respectfully Yours O. S. S. Abad Joy
Wm J. L. Edwards Comd. of Pensioners Washington

Dvid Oct 16th 1846
Sir
A Pension Certificate was issued to the children of Lois Emory of N. York under law of 1838. It turns out that 2 of the children named in the certificate died before their mother, the others have been paid their shares, question, what is to be done, cannot the surviving children obtain the amt. due to the 2 deceased children, if so, how, & upon what vouchers etc etc
Respectfully Your Ob t Servt Abad Joy
Hon J L Edwards Com d of Pensions Washington D C

Nov. 11. 1844
Added to case of
Geo. Henry
To Mr. M c L. Edwards
Land of Penns Washington all. 6.

Ovid Nov 7 th 44.
Hon. S. L. Edwards
Comt. of Pensions
Dear Sir
In yours of Oct 1. 1844 you say after naming the case of Lois Emery "There is no evidence now, that the marriage did not take place after the Service, as the latter was performed in 1775 and the first birth recorded is in 1779. If such is the case the claim comes under the Act of July 7 th 1838, instead of July 4 th 1836 and the pension would be a five year pension instead of a pension for life."
The court in open court having certified to the death of Lois Emery & the day of her death, I beg leave to enclose an acceptance for a pension under the law of July 1838 - the acceptance is in the usual form, which you have required of me in cases of widows & I suppose will be equally acceptable in this case - if the family need prove anything, it shows the marriage to have taken place 15 or 16 years before 1794 - I enclose the acceptance in good faith, with the above explanation, which I believe to be true -
I Am Respectfully Your Ob t Serv t Brad Joy

Nov 1 '44
Lou Emery Accepts
J. L. Edwards Cous of Placidus Washington Al. 6.

Ovid Oct 29th, 44
Hon J. L. Edwards
Court of Pensions
Dear Sir
In yours of Oct 1. in the case of Lois Emery, you say "y there is no evidence now, that the marriage did not take place after the service, as the latter was performed in 1775, and the first birth recorded is in 1779" I beg leave respectfully to say that on the 20th May, I mailed to you an acceptance under the law of 1838, giving up all claim to a pension under the law of 1836. I infer that a pension will at once be granted under the law of 1838 from your letter, & from the proof so abundant to establish the marriage even before 1779 as per the old family record - I submit it as it is, & I ask nothing but justice - I am Your
Most Ob st Servt Abra. Jay
I copy only a few lines of your letter above quoted

L. Edwards Grand. Paul. Washington D. C.

Ovid June 12th 1844
Hon J. L. Edwards
Comm. of Pensions
Dear Sir
I inclose
the Secy. of States Certificate, (as I suppose it applies for ) in support of the proof of 8 months service in the case of Elizabeth Emory — I beg leave to say, that I filed on the 20th May the Heirs acceptance of a pension under the Law of July 7th 1838 — I beg leave also to say, the family record was attached to the papers with the application, showing the ages of the children, the eldest born Jan'y. 1779.
Please put the inclosed papers with the acceptance mailed 20th May
I am Respectfully Yours &c. Abad Joy
N.B. I beg leave to refer you to the Secy. letter, I may not have recorded the service as much as he intended, as it may amount to 10 M. & 9 days, it is of course for your examination —

15.895 - Elphat Emery
In Sept 1832 Spencer of Tioga Co NY - born in Plainstown Rockingham Co NH I will be 84 yrs old 6 days Sept 2nd - has no record of his age - Enlisted at Plainstown in June of the first year of the war (but year not recollected) under Capt Gilman in Col Pease's Regt for 8 mos going to Winter Hill near Boston where joined his regt at Winter Hill - The battle of Bunker Hill the day before he arrived was in skirmish but in no battle. In the Spring (1776) following he enlisted (5 mos) at Hampstead with Capt Johnson in Col Wigglesworth regt militia (Mass) going by way of Charlestown NH to Ticonderoga NY expecting to go to Canada but the met returning troops & did not go - Gen Gates Chief Command at Ticonderoga, returned home & was not out again - a Witness states he was well acquainted with him in Chester NH during the war. Only children alive in Judda Storm, Mary Ferron, Moses Emery, Anna Emery, Hannah, Ellen Emery, Joseph Emery, Sofia Gilbert. He married Lois Dyer.
He died April 23 1835
The widow died Dec 10 1842
Son Moses in Dec 1843 of Spencer Tompkins Co NY aged nearly 59 yrs & left child
(Eliza born Dec 30 1783)
  Jude Storm of Spencer in 1843 Tioga Co  born Jan'y 3. 1779 - mar d David Barnes    Mary Ferron of Riga Monroe Co NY or Genesee  " " 2 1781 Thomas Ferman    Moses Emery of Spencer Tioga Co  " July 8 1785    Anna } Emery of Boston Mass  " " 7 1788    Hannah } Emery of Boston Mass  " June 6 1796 not mar d    Ellen Emery of Danby Tompkins Co  aged 51 years - born June 12 1792    Joseph do of Spencer Tioga Co  born Nov 12 1794    Sofia Gilbert widow Allegany Co NY  " Dec 15 1796 Warren Gilbert  
(Mary 56 yrs)
It was claimed Anna or Suphrona to have married a man who lives in or near Boston & not heard from in 25 yrs

Lois Said to be 96 yrs 10 mos & 17 days old at decease

Eliot 102 Yrs
John W. Lugg, Esq. Ithaca New York

Concord, N. H. April 27. 1844.
Dear Sir:
Enclosed I send you certified copies of papers containing all the evidence of the services of Eliphalet Emery which I have been able to find on our Rolls -
I learn from those engaged in procuring Pensions in this vicinity, that it has been usual at Washington to allow for 8 Mo. service, if in addition to the service named in the Roll, it can be shown that the individual was entitled to a Regimental Coat & it appears that Emery was & rec d pay for the same
Very Respectfully Yours &c.
Thomas P. Treadwell

Washington May 25 1844
Sir
I send you the enclosed papers of the heirs of Lois Emery, da ughter of  of New York who claimed a pension under the act of July 4, accepting one under the act of July 7 1838
I am Respectfully A. A. Lyndon
Col Edwards

Oct 11. 1844.
Emory -
Hon J. L. Edwards Counl. of Pensions Washington D.C.

Ovid Oct 7 th 1844
Hon J. L. Edwards
Court of Pensions
Dear Sir
I have yours of 1 st in the case of Lois Emery - I beg leave to say, that on the 20 th May, I inclosed to you, through W. S. Hubbell an acceptance of a pension under the law of 1838, which seems to be the only thing required to establish the case under the law of July 1838 if I understand the purport of yours of the 1 st you will therefore please examine the acceptance under the law 1838 in this case, as upon doing so I have no doubt a pension under that law will be granted -
I Am Respectfully Your Most Ob. Servt
Abad Joy

Onida Dec 27 th 1843
Hon A. Dana
My Dear Sir
I inclose an application for a pension for heirs of Emerson, this case came to me by letter, the history in part by letter & part I rec d from Dr. Elliott: I have intended to make the papers, according to Hon Col Edwards direction, or rather I have intended to follow after his form & I hope most sincerely that I have done so, if I have not, it has been because I did not know how I submit the papers as they are, if legal & right & a pension is due, well, if not I want none; personally I have no knowledge of the case
I am Truly Yours Ob d Serv t Brad Joy

Hon J. S. Edwards Commissioner of Pensions Washington

Ithaca Tompkins Co. N York May 2 d 1850
J. S. Edwards Esq.
Sir
In behalf of the surviving children of Sophia Emery deceased who was the widow of Elephaz Emery a soldier of the Revolution I am requested to forward the enclosed declaration & duly verified in support of their claim for arrears of Pension.
The facts appear by the declaration upon which the claim is founded and if I understand the various provisions & Resolutions of Congress correctly the Claimants are entitled to the difference between Elephaz Emerys pension at $43.33 per annum from the 12 th April 1834 the date of his death and the pension granted to the children of $26.66 per annum up to the 4 th March 1841 or 10 th Dec r 1842 the date of the death of the widow.
Please examine the case and inform me of the result at your earliest convenience. And I am
Your Ob st Servt
J. Crittenden Jr.